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How do I apply to change a court order?
You must file a Notice of Motion to Vary (Form 70H) or a Notice of Application to Vary (Form 70G) depending on the order that you are applying to change. A Notice of Application to Vary is filed when you are trying to change an order made in another province under the Divorce Act. A Notice of Motion is filed when you are trying to change a Manitoba order. Also, you have to file an Affidavit (Form 4D) in support of the motion. You may also need to file a Financial Statement (Form 70D).
- King’s Bench forms: http://web2.gov.mb.ca/laws/rules/forms_e.php
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How can I serve the documents for a variation?
The Notice of Motion to Vary or Notice of Application to Vary and Affidavit must be served on the other party in person. This is the same requirement as for service of initiating documents such as a Petition or Petition for Divorce. You can get a process server, family member, or friend to deliver the documents and fill out an Affidavit of Service (Form 70I or 16B).
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Do I have to serve anyone else with documents for a variation of a court order?
If you are trying to cancel arrears or suspend enforcement of support, you must serve the Director of Assistance in addition to the other parent.
Maintenance Officer
Employment and Income Assistance
Department of Families
300 – 114 Garry Street
Winnipeg, Manitoba R3C 4V4
Fax: (204) 948-4678If you are varying an order and requesting suspension of enforcement of support or arrears and the other party lives outside of Manitoba, then you must serve the designated officer at the Maintenance Enforcement Program (204-945-7133) in addition to the other parent.
Attention: Designated Officer
Maintenance Enforcement Program
100 – 352 Donald Street
Winnipeg, Manitoba R3B 2H8